Staffordshire Historical Collections, Vol. 6 Part 1. Originally published by Staffordshire Record Society, London, 1885.
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Headed, "Pleas before Roger de Seyton, etc., 4 E. I." (no term named, but supposed to be of Hillary Term, 4 E. I.)
Warw. Margaret la Russe of Caldecote and her sister Emecina de Morteyn appeared to defend the suit brought against them by Nicholas le Archer, and stated that William le Archer the grandfather of Nicholas had remitted all his claim in the tenement in dispute to their father William le Rus by his deed which they produce; and as all the witnesses to it are dead, the Sheriff is commanded to summon a jury for Trinity Term. m. 18.
Warw. Geoffrey de Camville sued Ralph de Grendon for homages, reliefs, and other customary services owing to him for the free tenement he holds of him in Grendon. Ralph did not appear, and had made frequent default; the Sheriff is therefore commanded to distrain him, etc., and to produce him at a month from Easter. m. 31.
Staff. Thomas son of Alexander de Mere sued John de Baskervylle and Giles his brother for a messuage and thirty acres in Aston-in-Hales. John and Giles pray a view. Adjourned to Trinity Term. m. 36.
Staff. (but should be Warw.). Margaret la Rus sued William de Mortheng, Robert de Mortheng, Richard de Alenzun, and four others named, for coming ri et armis to her house at Caldecote, imprisoning her and illtreating her, and taking away her goods and chattels to the value of £300. The defendants did not appear, and are to be attached for Trinity Term. m. 49.
Staff. Robert de Staundon sued John de Swynnerton in a plea that he should carry out the terms of a fine levied in the court of King Henry the father of the present King before the Justices Itinerant at Lichefeud, between John de Swynnerton and Margaret his wife, mother of the said John, whose heir he is (complainants), and Vivian de Staundon the father of the said Robert, whose heir he is, respecting common of pasture which the said Vivian claimed in Swynnerton. John did not appear, and the Sheriff is ordered to distrain and to produce him at Trinity Term. m. 63.
Staff. Richard son of Richard de Draicote sued Philip son of Richard de Draicote to warrant to him the third part of a messuage and two carucates and four virgates of land, and 43s. of rent and one-third of a fishery called Pykering in Tylynton which William Wyther and Orabilla his wife claimed as the dower of Orabel. Philip did not appear, and the Sheriff is commanded to take into the King's hands land belonging to him to the value of the dower claimed, and to summon him for Easter Term. m. 72.
Warw. Henry de Haspele sued William de Parles of Wyteney to warrant to him a messuage and eight acres and three roods of land in Thurmeston, which John de Thurmeston claimed. William did not appear, and the Sheriff returned he held no lands by which he could be attached, and it was testified he held lands in co. Stafford. The Sheriff of Staffordshire is therefore commanded to summon him for the Octaves of St. John. m. 54, dorso.
Staff. Alice the daughter of Hugh de Dokeseye sued Henry Wymer for 60 acres of land and 20 acres of pasture in Stafford. Henry prayed a view. Suit adjourned to Trinity Term. m. 48, dorso.
Staff. Amice the widow of Henry de Werdon sued Geoffrey de Waleton, Henry de Derlaston, and three others for a messuage and two virgates of land in Asseton (Aston); and the defendants had made default at Michaelmas Term, and the Sheriff had been commanded to take the tenement into the King's hands. The parties now appeared, and Amice claimed the tenement by the default. The defendants denied they had been summoned for Michaelmas. It is therefore considered they should wage their law (vadient ei legem duodecimâ manu) (fn. 1) at Trinity Term. The sureties are Geoffrey de Tytteshovere and Nicholas son of Henry de Aston of co. Stafford. m. 30, dorso.
Salop. Alienora the widow of John de Verdun sued Adam de Chetewynde for a third of a messuage and 20 acres of land in Stokes upon Tyne as her dower. Adjourned to Easter Term. m. 27, dorso.
Leyc. The same Alienora sued Ralph de Shephye for a third of a rent of 40s. in Neubold Verdun as dower. Adjourned to Easter Term. m. 27, dorso.
Staff. Jordan de Peulesdon appeared to defend the suit respecting land in Albaldiston (Adbaston) which Hamo son of William de Albaldiston claimed, and stated he did not hold the whole of the land claimed, because Roger the Rishop held one acre of it, and Magister Ralph de Semprinham the Dean of Lichfield held another acre. Hamon stated that Jordan held all the land at the time the writ was sued out. A jury to be summoned for Trinity Term to decide this point. m. 6, dorso.
Banco Roll, Easter, 4 E. I.
Staff. An assize of last presentation to the Church of Hounesworth (Handsworth), the advowson of which William de Parles claimed against the Prior of Lenton: and he stated that John de Parles his father, whose heir he is, had last presented Hugh de Alvechirche his Clerk, and who had been admitted and instituted and died Parson of the Church.
The Prior stated that the said John de Parles in 31 H. III. had sued Hugh the Prior his predecessor before Roger de Turkilby and his Fellow Justices at Oxford, at which time a fine had been levied by which the said John conceded that the Prior should present for that time, for which concession the Prior agreed that John or his heirs should present at the next vacancy, and so on alternately. (The suit stops here abruptly.) m. 5.
The suit is continued again on m. 9. William de Parles stated that the fine quoted should not prejudice him because it had not been carried out, the Prior never having presented to the Church, and he appealed to a jury. The suit is respited till Trinity Term, for which date the Sheriff is commanded to summon a jury, which shall not be from the Hundred of Offlow, because the said Hundred is in the hands of William de Parles the plaintiff. m. 9.
Staff. Henry de Caverswalle and Mary his wife give half a mark for licence of concord with Roger de Caverswall and Avice his wife. (fn. 2) m. 30.
Staff. Robert de Longrigge and Basilia his wife sued William le Tayllur of Burton for four acres in Stafford, and recovered them by default.
The same Robert and Basilia sued Robert son of Stephen de Bromleye for a messuage and eight acres of land in Burton near Stafford. Robert appeared and stated he could not plead to the writ because he is under age, and he was viewed in court and was evidently under age. The suit is therefore to remain till he is of age. m. 42.
Staff. Richard Bagod gives a mark for licence of concord with William Bagod and William, Robert, and Edmund, sons of the said William, in a plea of convention. (fn. 3) m. 31, dorso.
Staff. The suit of Adam le Rus and Alina his wife for the dower of Alina is dismissed, the plaintiffs not appearing. m. 15, dorso.
Staff. In the suit of Agnes the widow of John de Wytemore versus Roger Burguyllon for dower, Roger called John de Wytemore son of John to warranty, and produced a deed of Ralph de Whitemore the grandfather of John de Whytemore, whose heir he is, by which Ralph gave to Roger le Borguylon and his heirs the tenement in question.
And John de Wytemore acknowledged the deed, but pleaded that no mention was made in it by which Roger and his heirs should hold the tenement of Ralph his grandfather; and as the said Roger afterwards enfeoffed one William le Burguylon to hold of him (Roger), he prayed for judgment whether he ought to be called upon for warranty.
Roger admitted he had enfeoffed the said William, but he had died, and he now held the tenement of John. Verdict for Roger. Agnes to be compensated out of the land of John. m. 10, dorso.
Banco Roll, Trinity Term, 4 E. I. No. 17.
Staff. Richard le Botyeller sued Philip de Draycote for customs and services owing to him for the free tenement he holds of him in Draycote, such as homages, suit of court, etc. Philip did not appear, and the Sheriff is ordered to distrain and produce him at Michaelmas. m. 20.
Staff. Juliana daughter of Robert de Burgeston sued Robert de Kyngeslegh and Alice his wife, Robert de Buvyll and Alina his wife, Peter son of Seman and Margaret his wife, Robert de Brues (Bures) and Sibilla his wife, Thomas de Arderne and Isolda his wife, and Roger de Hales, for a messuage and half a virgate of land in Burgheston (Burston) as her right of the gift of Robert de Burgheston, and in which they had no entry except by a disseisin of her made by Nicholas de Burgheston. The defendants appeared, and Robert stated he held the tenement claimed and the others held nothing in it, and he defended his right and appealed to a jury. Adjourned to Michaelmas. m. 33.
Staff. The Prior of St. Thomas outside Stafford sued John de Baskerville for thirteen acres of land in Aston. John called to warranty William brother and heir of Henry de Audelegh, who is under age, by virtue of a deed of James de Audelegh father of the said Henry, whose heir he is. The suit to remain till William comes of age. m. 48.
Banco Roll, Trinity Term, 4 E. I. No. 18.
Staff. William de Parles withdraws his suit against the Prior of Lenton respecting the advowson of the Church of Handsworth. m. 2.
Staff. Roger Basset sued Richard Tenery, Robert Tenery, William de Tenery, and eleven others named, for wounding and illtreating him at Patingeham, and taking his goods and chattels vi et armis to the value of £10. The defendants did not appear, and the Sheriff is ordered to distrain, etc., and to produce them at Michaelmas. m. 72, dorso.
Staff. Robert de Ferrars summoned Edmund the King's brother to show cause why he impeded the presentation to the Church of Hambury which was vacant, and he stated that the King had taken into his hands the manor of Tutebiri, to which the said advowson was appurtenant, in consequence of his having adhered to Simon de Montfort, and on account of other transgressions, and had given it to the said Edmund, and Edmund having restored the said manor to him, now prevented him from presenting to the Church.
Edmund stated that he had presented one Gerard de Granzon his Clerk on the occasion of the last vacancy, and he was now in seisin of the manor of Tuttesbyri. As Robert could not deny this, a verdict was given for Prince Edmund. m. 49, dorso.
Coram Rege Roll, Hillary Term, 4 E. I.; apud Wynton.
Staff. Thomas de Melewyz (Millwich) sued Leon son of Leon de Remesley (Romsley) and Richard de Bromley for imprisoning him vi et armis at Stafford, and detaining him there till he had paid them 23 marks. The defendants did not appear, and the Sheriff is ordered to distrain and produce them at three weeks from Easter. m. 5.
Staff. Geoffrey Griffin who was called to warranty by the Prior of Trentham at the last Iter of the Justices in Staffordshire, in the suit respecting the manor of Over Elkesdon (Elkstone), appeared in Court, and none of the original plaintiffs, viz., John de Elkesdon, Symon de Clifton and Jeva his wife, Hawys Peterel (Poutrel), Christiana de Elkesdon and Agnes Basset were present. They are therefore to be summoned for Easter Term, and the heir of Christiana is to be summoned, because it was testified she was dead. m. 13.
Pleas before the King at Fayreford. Octaves of the Purification, 4 E. I.
Staff. William Wyther sued Philip de Draycote, Richard de la Le, Roger son of Philip de Draycote, and three others named, for cutting his corn at Draycote and carrying it away and doing damage to the amount of £10. The defendants did not appear, and the Sheriff is ordered to distrain and to produce them on the morrow of the Ascension. m. 21.
Coram Rege Roll, Easter Term, 4 E. I.; apud Kyngeston.
Leyc. William de Wasteneys sued Alan de Threngeston, Robert his brother, Ralph Paynel, John son of Robert de Threngeston, and sixteen others named, for coming vi et armis to Osegosthorp and carrying away his goods and chattels to the value of 100s. The defendants did not appear, and the Sheriff is ordered to distrain and produce them at Trinity Term. m. 4.
Staff. John de Elkeston, Hawis Peterel (Poutrel), and the heir of Christiana of Elkesdon were ordered to be summoned for this term to hear judgment in their suit against the Prior of Trentham respecting the manor of Over-Elkesdon (Elkstone), and the Sheriff had done nothing and returned they were not to be found within his Bailiwick, and it was testified they were living at Waterfal in his county; they are therefore to be summoned for the Quinzaine of Trinity. m. 7.
Coram Rege Roll, Easter Term, 4 E. I.; apud Westm.
Staff. Robert son of Adam le Clerk sued Robert de Bissopbiri the Bailiff of the Prior of Lapley, in a plea that whereas he served upon him a writ de recto as Bailiff according to the custom of the manor, he had concealed it and refused to execute it, to his no small cost and in contempt of the King, etc. Robert did not appear, and had been attached by William Poutrel and John his (William's) brother; they are therefore to be distrained, and the Sheriff is ordered to produce Robert at fifteen days from Michaelmas. m. 5.
Assize Roll, 4 E. I.
Pleas before Henry de Monteforti, etc., at Kenefar in co. Stafford, on the Wednesday after the Conversion of St. Paul, 4 E. I.
[29th January, 1276.]
Staff. An assize, etc., if Robert de Higgeford, Jordan de Huldeston, and thirteen others named, had unjustly disseised John Hap of Hildeston of common of pasture in Hildeston. Robert appeared and answered for all the defendants, and stated that John had sufficient pasturage for the tenement he held, and free exit and entrance to it, and the jury find in his favour. John fitz Philip, William de Norton of Mere, William de Bagenholte, Henry de Kersewelle, Geoffrey de Waleton, Adam Morel, Henry le Palefreyur, and William son of Orm of Melewyz, recognitors, never appeared, and are in misericordiâ. m. 8, dorso.
Staff. Adam son of Bartholomew de Gosebrok (Grasebrook), who brought a writ of mort d'ancestor against Ralph de Grendon respecting a rent of 15s. in Schenestane, never appeared to prosecute his suit. He and his sureties are therefore in misericordiâ, viz., Robert de Gossebrok and John de Brerdun. m. 8, dorso.
Staff. An assize, etc., if Richard de Marham, William de Bromwyz, and two others named, had unjustly disseised William de Parles of four acres in Honesworth (Handsworth). Richard appeared and answered for all the defendants, and stated the land was in Bromwych (West Bromwich), and not in Honesworth, and formerly belonged to one Richard the father of Margaret his wife, who had died seised of it. Verdict for Richard. m. 8, dorso.
Staff. An assize, etc., if William de Parles had unjustly disseised Richard de Marnham and Margaret his wife of four acres in Bromwyz. William appeared and stated that Richard and Margaret were in seisin of the land, and as they could not deny this the suit was dismissed. Their fine was remitted by the Justices. m. 8, dorso.
Staff. An assize, etc., if William Bagot, Christiana the widow of Richard Bagot, and fifteen others named, had unjustly disseised William son of Roger de Tunstall of his common of pasture in Bromle Bagot, appurtenant to his free tenement of Tunstall. (The rest illegible.) m. 8, dorso. (See m. 50, further on.)
Staff. Agnes the widow of Nicholas de Hamberi, who brought an assize of novel disseisin against Andrew de Jarcumville and others respecting a tenement in Draycote, came and withdrew her plea. m. 9.
Staff. An assize, etc., if Letardus de Hanyn and Hugh le Pycard had unjustly disseised Roger de Cruce of seven messuages and a virgate of land, etc., in Shutenarelegh (Arley). Henry de Morf the Bailiff of Letardus appeared for him and stated that Letardus had entered into the tenements through the King's Bailiffs, and the suit should be against them. The jury say that the King's Bailiffs by command of the Sheriff had given seisin of the said tenements to Letardus and Hugh. Letardus had impleaded the said Roger in the County Court as his villain, and because the Sheriff had not produced the said Roger in Court, he had put Letardus into seisin of the tenements in question. It is therefore considered that Letardus and Hugh should be dismissed from suit, and Roger to sue by another writ if he pleases. m. 9.
Staff. An assize, etc., if Robert de Whyston had unjustly disseised William Shene of two acres of land and two acres of pasture in Whyston. Verdict for William. m. 9.
Staff. An assize, etc., if Richard del Mes, father of Richard son of Richard del Mes, was seised as of fee, etc., of eight acres and two parts of an acre in Bochinhale (Bucknall) when he died, of which John de Langeton and Basilia his wife hold one-half, and Elicia de Bochinhale the other half. Elicia appeared and stated she had a husband, one Henry Rede, who was not named in the writ; and as Richard could not deny this, the suit as against him was dismissed; and John and Basilia stated that Richard did not die seised of the land as of fee, but held it in pledge only; and afterwards they pleaded that Richard some time before his death had remitted all his right in the land to Robert the father of the said Basilia and Alice, whose heirs they are. Verdict for John and Basilia. m. 9.
Staff. An assize, etc., if William Wyther and Orabella his wife, Thomas Wyther, William le Provost of Tene, and seven others named, had unjustly disseised William Bek of twelve acres in Tene. William Wyther appeared and answered for all the defendants, and stated that he did not hold the tenement in question, which was held by one Roger de Caverswall, the Parson of Chagewell (Checkley). He stated also that one Geoffrey Bek formerly Parson of Chagewell held the said tenement as appurtenant to his Church, and rendered for it to the said William 12d. annually; and after the death of Geoffrey he (William) had taken the tenement into his hands until another parson was instituted in the place of Geoffrey, and that William Bek had had no entry into the land except as a yearly tenant at the will of Geoffrey.
William stated that Geoffrey had enfeoffed him in the land by a deed which he produced, and that he had been in good seisin of the land long before the death of the said Geoffrey. Verdict for William Wyther, because Roger de Caverswell was not made a party to the suit. m. 9, dorso.
Staff. Sarra de Thene who brought a writ of novel disseisin against William Wyther and Orabilla her sister (sic) and others respecting a tenement in Thene (Tean), withdrew her suit, and Richard de Okovere, John Cuyny (Coyney) of Weston, and Thomas de Thene acknowledged they owed to the said Sarra and to Richard her son 40s.
At m. 50 is another transcript of the assizes taken at Kinefar. In the suit of William son of Roger de Tunstall versus William Bagot and others respecting common of pasture in Bromley which is illegible on m. 8, ante, William Bagot appeared and answered for all the other defendants, and stated that William had sufficient pasturage for the tenement he held, and free ingress and egress to it, and that it was lawful for him to enclose his wastes according to the provisions of Merton so long as he left sufficient pasturage to the other tenants. William son of Roger afterwards withdrew his suit. m. 50.
An assize, etc., if Isolda de Bromlegh the mother of Hugh le Wastenes was seised, etc., of an acre of land in Brompleye when she died, and which Henry de Glascote holds. Henry did not appear, and is to be resummoned to be at Wolvernehampton on the morrow of St. Margaret. m. 50, dorso.
Assizes taken at Stafford before Salomon de Roffa and Eudo de Hodinet on the Saturday after the Feast of St. Michael, 4 E. I.
Staff. An assize, etc., if Richard de Teneray the Canon of the Church of St. Michael of Pencrych had unjustly disseised Thomas de Langerugge of common of pasture in ten acres of land in Langerugge. Richard appeared and stated that the tenement in question was ancient demesne of the King belonging to the manor of Pencrich, where no writ would run but the King's close writ, and Thomas withdrew his suit. m. 60.
Staff. Sabina the daughter of William le Charpenter of Brerdon who brought a writ of mort d'ancestor against Philip de Chetewynd respecting four acres and a half of land in Brerdon, withdrew her suit. m. 60.
Staff. An assize, etc., if Gilbert de Hildeston father of Robert son of Gilbert was seised as of fee, etc., of a messuage and half a virgate of land in Hildeston when he died, of which Richard de Stoke now held a part and Richard le Mazun the other part. Richard acknowledged the seisin of Gilbert, but stated that Robert had released and quit-claimed to him his right in the tenement he held, and he produced the deed of Robert to that effect. Richard le Mazun stated he held his part of the tenement from Ralph the brother of Robert for a term of twenty years, and that Robert had given it to his brother Ralph.
Robert denied he had given the land either to Richard de Stoke or to his brother Ralph, and the jury find in his favour. m. 60.
Staff. An assize, etc., if Theobald de Verdun, Thomas Meverel, John Coyne, German de Fenton, Benedict son of William, Philip his brother, and six others named, had unjustly disseised William de Bagenal de (Bagnall) and Margaret his wife of three acres of wood in Langeton. Elias de Eddeston the Bailiff of Theobald appeared and answered for all the defendants, and stated the land was not in Langeton, but in Fenton Kylvert (Culvert), and that John de Verdun the father of Theobald had died seised of it; and the jury find in their favour. m. 60.
Staff. An assize, etc., if Richard le Botiller, William Tromwine, John de Littlebiri, Roger de Verney, Robert de Verney, William Hodinet, John de Smalris, and seven others named, had unjustly disseised Henry son of Matthew de Knyveton and Isabella his wife of common of pasture in Sondon (Sandon). The defendants all appeared, and William Tromwyne and John de Littlebiri stated that a jury of twenty-four Knights to convict a jury of twelve (of false judgment) in an assize of novel disseisin which was taken before the Justices last Itinerant at Worcester respecting the common of pasture in question, was arraigned before John de Oketon and Elias de Bekingham the King's Justices, between one Roger . . . and Alienora his wife, and the said Isabella sister and coparcener of Alienora and Richard le Botiller, and the said John de Littlebiri and William Trumwyne, and by a convention then made Isabella had released to the said Richard, John, and William all her right in the said common of pasture, and for which release the said Richard and the others had conceded to Isabella and Alienora ten acres of several pasture to be enclosed at their will. Suit adjourned to Kynefar for the record of the former suit. m. 63.
Assizes taken at Stafford before S. de Roffa and Odo de Hodinet, associated with him by the King's writ, on account of the absence of H. de Montfort, on the Saturday after the Feast of St. Michael, 4 E. I.
Staff. An assize, etc., if Letardus de Henyn, Hugh Pycard, Bogo de Knovill, and two others named, had unjustly disseised Reginald de la Croiz of seven messuages and two half virgates and eighteen acres of land, and five acres of pasture in Suth Erlee (Arley). William de Musselawe appeared for Bogo and stated he had put the said Letardus into seisin of the tenements by the King's writ, and for Letardus he stated that Letard had seisin of them by a finding of a court and not by a disseisin. Roger afterwards withdrew his suit. m. 63, dorso.
Staff. An assize, etc., if Simon de Cotes had unjustly disseised Roger de Mersinton (Marchinton) of six acres of land, forty acres of heath, and twenty acres of wood in Certelee (Chartley). Simon stated he entered by Thomas de Ferrars, who was not named in the writ. The jury say that Thomas de Ferrars had enfeoffed Simon of the tenement in question, and if any disseisin had been made, it had been done by Thomas and not by Simon. The suit is dismissed. Roger to sue by another writ if he pleases. m. 63, dorso.
Staff. An assize, etc., if Margaret la Russe, Robert de Benteley, William de Benteley, and Richard and Thomas de Benteley had unjustly disseised Richard son of Roger Illary of a messuage and twenty acres of land in Schelfhulle. The defendants state that Schelfhulle is a hamlet of Waleshale, where no writ is pleaded except by writ of right. Richard conceded that Schelfhulle was a hamlet within the manor of Waleshale, but stated that Ralph son of Richard de Schelfhulle was formerly lord of the tenement in question, and it was held freely of the manor of Waleshale before the conquest of England (sic) without any condition of sokemanship, and he had enfeoffed the said Richard son of Roger Hillary without any condition of sokemanship, rendering 5s. in lieu of all services.
Margaret stated that the said Ralph and all the other tenants were accustomed to give pannage and to be tallaged and perform other services pertaining to sokemen. The jury say that the said tenement was held by soccage, and the tenant was tallaged with the other sokemen whenever the King tallaged his other manors throughout England. Verdict for Margaret and the other defendants. m. 63, dorso.
Staff. An assize, etc., if Peter le Borge had unjustly disseised Thomas de Hamstede of six acres of pasture in Little Barre. Peter never appeared, but one Richard de Barre came and stated he held the tenement for which common of pasture was claimed, and prayed that no assize might be taken to his prejudice. The jury find in favour of Thomas. m. 63, dorso.
Staff. An assize, etc., if Philip de Dreycote, William Wyther, Orabel his wife, Richard Brun of Leyes, Richard de la Disure, Robert del Mere, Henry son of Hugh de Mere, and three others named, had unjustly disseised John de le Buke of common of pasture in thirteen acres of heath in Fulleford. The defendants appeared, and William Wyther stated no injury had been done to the plaintiff, because he found Mabella (sic) his wife seised of the tenement as of her dower, and Orabilla stated she had been endowed of the tenement for which common of pasture was claimed by one Richard (fn. 4) son of Philip de Draicote, and if any disseisin had taken place it had been done by Philip and not by her. Jury find in favour of John. m. 63, dorso.